0.131.313.6 translation agreement between the Swiss Confederation and the Federal Republic of Germany on mutual assistance in case of disaster or serious accident concluded on 28 November 1984, approved by the Federal Assembly on December 10, 1987, Instruments of ratification exchanged on 5 October 1988 entered into force on December 1, 1988, the Federal Republic of Germany and the Swiss Confederation, convinced of the need for cooperation between the two States in order to facilitate mutual disaster assistance or serious accident, have agreed to the following: art. 1 purpose this agreement sets the framework conditions for voluntary assistance in the event of disaster or serious accident in the other Contracting State, on request, in particular for the commitment of teams and equipment.
Art. 2 definitions to the terms of this agreement, the expressions mean: "Requesting State" the Contracting State whose competent authorities seek help, especially sending teams and supplies, of the other State;
"Sending State" the Contracting State whose competent authorities following a request of another State aid, in particular to send teams of emergency equipment;
"Equipment" means the equipment, vehicles, goods for personal use (means of functioning) and personal equipment of rescue teams;
"Emergency devices" equipment and additional goods intended to be distributed to the affected population.
Art. 3 skills (1) the competent authorities for assistance and to receive requests for assistance are:-on the side of the Swiss Confederation: the federal Department of Foreign Affairs and in the border region, the Governments of the cantons; - on the side of the Federal Republic of Germany: the federal Minister of the Interior and, in the border region, the Ministers of the Interior boundary "Länder" or the "Regierungsprasidenten" allowed by them.
(2) the authorities mentioned in para. 1 may appoint subordinate officials empowered to request and receive requests for help.
(3) the authorities of the two Contracting States referred to in paras. 1 and 2 can communicate directly with each other for the purposes of this agreement.
(4) two Contracting States shall communicate through diplomatic channels the addresses and numbers phone and telex of the authorities referred to in paras. 1 and 2.
Art. 4 prior agreement the nature and scope of assistance are set, case by case, by an agreement between the authorities referred to in art. 3 art. 5 modes of engagement (1) assistance is provided by sending at the scene of the disaster or serious accident rescue teams who have received special training including in the areas of the fight against fires, the fight against nuclear and chemical risks, first aid, rescue and research or interim relief and who have equipment and devices necessary for their tasks; If necessary, assistance can be provided by any other mode.
(2) the rescue teams can be sent via land, air or water.
Art. 6 crossing the border (1) members of a rescue team are exempt from the obligation of the passport and residence permit. It can only be applied to the head of the rescue team for a certificate attesting its position.
(2) if the urgency so requires, the border can also be crossed out without observation of the requirements and allowed passage points are related. In this case, the competent authorities of the border or the border nearest must be immediately informed.
(3) the facilities for crossing the border according to the al. 1 and 2 also apply to evacuees during a disaster or serious accident.
Art. 7 crossing of the border of the material (1) the Contracting States facilitate crossing the border of the equipment needed for aid and ways to help. No import or export document is required. The head of a rescue team must only submit to the organs of control of the border of the requesting State, when crossing the border, a comprehensive list of equipment and means of brought relief.
(2) rescue teams should not bring property other than equipment and means of relief necessary for relief operations.
(3) the import of equipment and means of relief outside the authorized border crossing points should be brought to the attention of the competent Customs Office at the earliest opportunity.
(4) the prohibitions and restrictions of traffic of goods across the border will not apply to the equipment and means of relief necessary to relief operations. Equipment and rescue facilities not used during a relief operation must be re-exported. When special circumstances make it impossible the re-export, the nature and quantity as well as the situation of these equipment and rescue facilities must be announced to the authority responsible for the operation, which will inform the competent Customs Office. In this case, the national law of the requesting State is applicable.
(5) the provisions of para. 4 also apply, under this agreement, the import in the requesting State of narcotics and re-export in the sending of the quantities not used State. This traffic of goods is not considered import or export within the meaning of international agreements on narcotic drugs. Drugs must be made only in the context of medical needs urgent and used solely by medical personnel qualified according to the legal standards of the Contracting State from the rescue team.
Art. 8 operations with aircraft (1) of the aircraft can be used not only for the rapid transport of relief workers under art. 5, al. 2, but also directly for other types of relief operations.
(2) each Contracting State allows aircraft hired from the territory of the other Contracting State according to para. 1, to fly over its territory and land and take off even outside customs or authorized airfields.
(3) the intention to use aircraft during a relief operation must be immediately communicated to the applicant authority with an indication, as accurate as possible, the type and registration of the aircraft, crew, to load, the time of takeoff, the planned route and the landing site.
((4) shall apply by analogy: has) art. 6 the flight crews and relief workers onboard; b) art. 7 aircraft and other equipment and emergency on board.
(5) apart from the provisions of para. 2, regulation of the air flow of each Contracting State continues to apply, particularly with regard to the obligation to communicate to the competent authorities to control the flight information.
Art. 9 coordination and overall direction (1) coordination and overall management of the relief and rescue operations are in all cases to the authorities of the requesting State.
(2) the authorities of the requesting State referred to in art. 3 specify, at the time of the formulation of a request for relief, the tasks they intend to entrust to the sending State rescue teams, without going into the details of their execution.
(3) any directive to the address of the sending State rescue teams is provided to only heads of such teams, giving instructions for execution to the elements that are subordinate to them.
(4) the requesting State authorities grant protection and assistance to the sending State rescue teams.
Art. 10 expenses of intervention (1) the authority of the sending State shall bear the costs of a rescue operation, including expenses resulting from the use, the deterioration or loss of material. Excludes expenditures for the interventions of third parties for which the sending State is simply entremis.
(2) in the case of recovery of full or partial costs of the accomplished operation, the provisions of para. 1, first sentence, do not apply. The authority of the sending State is compensated as a priority.
(3) during a rescue operation on the territory of the requesting State, the sending State rescue teams are supplied, hosted and provided means of refueling at the expense of the requesting authority insofar as provided resources have been consumed. If necessary, they get logistical assistance, including medical assistance.
Art. 11 compensation (1) each Contracting State, including its territorial communities, renounces to formulate with the other State any claim for compensation: has) in case of a reduction in the value of property, if the damage was caused by a rescuer of the other Contracting State in the fulfilment of its task; b) in the case of injury to health or death occurring at a first aid in connection with the performance of its task.
(2) If, in the territory of the requesting State, damage is caused to a third party by a rescuer of the requested State in the performance of its task, the applicant State responds the repair of the damage according to the provisions which would apply if the damage was caused by its own rescuers.
(3) the authorities of the Contracting States cooperate closely, in order to facilitate the settlement of claims for compensation. They exchange including all available information concerning the events causing damage within the meaning of this section.
Art. 12 assistance and readmission of rescuers and evacuees (1) who, during a disaster or accident seriously, the title of first responders or evacuees, have passed a State Contracting in the other, there are attended according to the provisions of the law of internal assistance until the first possibility of return. The starting state pays the expenses for assistance and the repatriation of such persons, unless they are nationals of the other Contracting State.
(2) each Contracting State shall readmit people who as paramedic or evacuated, came from its territory to that of the other Contracting State. As far as whether persons who are not nationals of the Contracting State réadmettant, they remain subject to the same status as before the border crossing.
Art. 13 other forms of co-operation (1) the authorities referred to in art. 3 cooperate within the limits of national law and may make special arrangements, including on: a) the execution of relief operations, b) prevention and combating disasters and serious accidents, by exchanging all useful scientific - technical information and providing for meetings, research programs, technical courses and exercises relief operations on the territory of the two Contracting States; c) exchange of information on the risks and damage likely to affect the territory of the other Contracting State; the mutual information also includes preventive exchange of data to measure (2) the provisions of this agreement apply by analogy to the joint exercises during which a Contracting State rescue teams are committed on the territory of the other.
Art. 14 radio (1) links the. cross-border opportunities for use of radio links between the authorities referred to in article 3, between these authorities and rescue teams sent by them or the teams themselves are discussed in common, generally, by the telecommunications administrations of both contracting and fixed States in internal directives.
(2) the office of telecommunications according to the al. 1 are:-for the Swiss Confederation: the branch of the company of PTT; - for the Federal Republic of Germany: the Minister of posts and Telecommunications.
(3) the frequencies of radio links are fixed on special arrangements and within the guidelines issued by the competent telecommunications administrations.
Art. 15 (1) dispute settlement disputes on the interpretation and application of this agreement which cannot be settled by the authorities referred to in art. 3 are processed through diplomatic channels.
(2) If a dispute over the interpretation or application of this agreement cannot be set through diplomatic channels, it is submitted to an arbitral tribunal at the request of a Contracting State.
(3) the arbitral tribunal is formed from case to case, each Contracting State appointing a member and two members designating agreed a national of a third State as president, which will be appointed by the Governments of the Contracting States. The members are appointed within a period of two months, the president within a period of three months, after one of the Contracting States has communicated to the other that he intended to submit the dispute to an arbitral tribunal.
(4) if the time limits referred to the al. 3 are not respected, and if another arrangement, each Contracting State may invite the President of the European Court of human rights to make the necessary appointments. If President Swiss or German nationality, or is prevented for some other reason, the vice-president shall proceed with the designation. If the vice-president is also a Swiss or German national, or is also prevented, the immediately lower limb in the hierarchy of the Court with the Swiss or German nationality shall make the appointment.
(5) the arbitral tribunal shall take decisions by a majority of the votes on the basis of the existing treaties between the Contracting States, to the General principles of law recognized in these States and public international law. Its decisions are binding. Each Contracting State supports of the arbitrator he has appointed and the costs incurred for its representation in the proceedings before the arbitral tribunal; the third arbitrator fees and other fees are supported equally by the Contracting States. The arbitral tribunal decides upon its procedure.
(6) if requested by the arbitral tribunal, the courts of two Contracting States give mutual legal assistance to proceed with citations and hearings of witnesses and experts, in accordance with agreements in force between the two Contracting States on mutual legal assistance in civil and commercial matters.
Art. 16 termination this agreement may be denounced at any time; it expires six months after denunciation.
Art. 17. other conventional regulations conventional regulations between the Contracting States remain unchanged.
Art. 18 clause in Berlin this Agreement shall also apply to the Land of Berlin, with the exception of the provisions on air traffic, if the Government of the Federal Republic of Germany does not to the Swiss federal Council a statement to the contrary within three months following the entry into force of the agreement.
Art. 19 entry into force (1) this agreement will be subject to ratification. The instruments of ratification will be exchanged as soon as possible in Bonn.
(2) this Agreement shall enter into force the first day of the second month after the exchange of instruments of ratification.
Done at Berne, on 28 November 1984, in duplicate in the German language.
For the Swiss Confederation: for the Federal Republic of Germany: Diez Fischer RO 1988 1740; FF 1987 II 773 the original text is published under the same number, in the German edition of this compendium.
RO 1988 1739 State on June 10, 1997